Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/288

 280

§ 812. first clause of the fourth section of the first article is as follows: "The times, places, and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof. But the congress may, at any time, by law, make or alter such regulations, except as to the place of choosing senators."

§ 813. This clause does not appear to have attracted much attention, or to have encountered much opposition in the convention, at least so far, as can be gathered from the journal of that body. But it was afterwards assailed by the opponents of the constitution, both in and out of the state conventions, with uncommon zeal and virulence. The objection was not to that part of the clause, which vests in the state legislatures the power of prescribing the times, places, and manner of holding elections; for, so far, it was a surrender of power to the state governments. But it was, to the superintending power of congress to make, or alter such regulations. It was said, that such a superintending power would be dangerous to the liberties of the people, and to a just exercise of their privileges in elections. Congress might prescribe the times of election so unreasonably, as to prevent the attendance of the electors; or the place at so inconvenient a distance from the body of the electors, as to prevent a due exercise of the right of choice. And congress might contrive the manner of holding elections, so as to exclude all but their own